Minutes 7/22/10 Planning Board Meeting
Members present: Alan Salamon, Stephen Enoch, Stephen Rose, Maggie Leonard, Larry Klein (7:30)
Public present: Jeff Purvis, concerned citizen Monterey Mass.
Brian Domina from Berkshire Regional Planning Commission (BRPC) attended the meeting to update the Board on the work he is doing on Monterey’s Wireless Telecommunications Bylaw. Brian was checking on the viability of our current Wireless Telecommunications Overlay District (WTOD), which is located on Mount Wilcox. Brian reported that according to his research that location is impractical and not feasible as a potential cell tower site. Brian explained the since Mt. Wilcox is in Beartown State Forest, which is designated as Article 97 lands, it would take a 2/3rds vote of the Massachusetts State Senate to site anything there. In theory that may work, but Brian observed that it is impractical and cost prohibitive.
Brian said that the choice now before the Planning Board and the Town, is between making more overlay districts or just making the whole town into one big overlay district. The board discussed how Great Barrington chose several different places that had good elevation and line-of-sight (qualifications for cell tower siting) and then created radial plots to show potential coverage.
Jeff Purvis joined the meeting as a concerned citizen who lives nearby one of the potential sites for cell tower siting. He believes that there are health risks associated with proximity to cell towers. The Board informed Mr. Purvis that, ever since 1996 when the bylaw was being drafted, federal law prohibits Planning Boards from rejecting potential cell tower sites based on health concerns. Larry Klein explained that, while on a personal level we may all be concerned about the health effects, as a board we are prevented from acting based on those concerns.
The board discussed the pros and cons of town-wide WTOD vs. distinct districts or locations. Alan Salamon thought that a town-wide approach might cause more problems because of the wider potential of pitting neighbor against neighbor. Larry Klein thought that perhaps we could have a main tower on Mt. Wilcox and then have repeaters throughout the town. Stephen Enoch pointed out that with a town-wide option there are potentially less restrictions and more companies may express interest. Larry Klein said that if we had a town-wide option it would enable us to prepare for 21st century communications in general, such as broadband. Stephen Rose said that he thought the town-wide option would be more difficult to pass at a Town Meeting, and that specific locations would be easier to pass. Larry Klein said that the
board should create a compelling argument for the best way for the town to proceed and not base our work on what will or will not pass at a town meeting. Stephen Enoch said that is we choose specific locations then the town may have to fund the radio frequency studies.
Brian Domina (BRPC) said that the current Telecommunications Bylaw is not conducive to wireless broadband for the future, but that the current bylaw is sufficient for cell towers. Larry Klein said that it’s all moot unless we create more overlay districts. Larry also said that as officers of the town it is part of our job to address safety issues, and he believes the major issue of not having cell phone service is safety. Jeff Purvis (citizen) asked “What about the safety issue of the towers themselves and the effects to human health?”
The board then returned to the issue of radio frequency studies that would demonstrate the viability of any given location. We wondered if WiSpring, a local telecommunications company, might do such a thing or know who does. The board continued to discuss Mt. Wilcox. Brian (BRPC) stated that the Mt. Wilcox site has not worked for over ten years and that the board needs to continue discussing other sites. Brian said he would check and find out what companies are on the tower on Mt. Wilcox. Larry Klein said that he would contact Michael Storch and find out if there are any existing radio frequency studies. Larry added that from now on discussions of the Wireless Telecommunications Bylaw should include broadband data communications as well.
The board read and approved the minutes of June 24th as amended.
The board discussed the Special Permit Application from the Gelbards of Lime Rock Rd to replace their stone retaining wall with Versa Lok blocks and to replace their existing dock. There will be no increase in size or change in footprint. The project is to upgrade and replace the existing, which is falling down. The board voted unanimously to find in favor of the application. Maggie will write the finding.
The board discussed the Application for Special Permit from Kutcher’s Sports Academy (KSA). KSA seeks to have permits for using trailers as temporary housing for staff. The board voted to find in favor of the Special Permit application providing:
1). There is an existing building permit approved for the new construction.
2). That the permit specifies the time period of 12 months as stated in Zoning Bylaws and specify a removal date.
Maggie will write the finding and email it to members for editing.
The mail was opened.
The meeting was adjourned at 9:17 p.m.
Submitted by,
Maggie Leonard
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